A. The city council, by resolution or agreement, may establish policies and procedures for issuance of development credits against the Jacinto Creek impact fee for Jacinto Creek infrastructure constructed by a landowner, or for reimbursement of the portion of a landowner's costs to construct Jacinto Creek infrastructure that exceeds the landowner's Jacinto Creek impact fee obligation, if the city has Jacinto Creek infrastructure funds available to pay the reimbursement. The policies and procedures shall be consistent with the following:
1. A landowner may only construct infrastructure and facilities for development credits or reimbursement with advance approval by a written fee credit or reimbursement agreement.
2. Development credits do not run with the land.
3. Development credits are transferrable through a transfer agreement signed by both parties and approved by the city.
B. After the landowner constructs the Jacinto Creek infrastructure, the city shall determine the development credit or reimbursement amounts, if any, based on the terms of the fee credit or reimbursement agreement. The landowner may appeal the decision as set forth in section 18.56.155. (Ord. 2017-0016 § 2)